New: a trial court in 1 of every 10 U.S. counties. Read the post
Court Rules
Judge Rachel Rancilio
Judge

Judge Rachel Rancilio

Individual Rules, Standing Orders & Policies

Rules last changed:
Sixteenth Judicial Circuit Court of Michigan, Macomb County

Limits & Logistics

Courtesy Copies

Exhibits

Adjournments

  • Adjournment requests may be made by motion or stipulation, require good cause, and must be submitted at least seven days before the hearing.
  • Criminal and civil trial adjournments must be requested by motion.
  • The first request to extend Discovery and Case Evaluation Order dates may receive a 60-day extension by party stipulation, with counsel preparing the stipulated order.
  • Subsequent extensions of scheduling-order dates must be requested by motion and will be granted only upon a showing of good cause.
  • +1 more

Request must include

Reason for Request

Communication

Phone
Court-wide
586-942-0594
Emergencies
Filters:

Document Format Requirements4 rules

FormattingImportantCivil cases

Provide a joint succinct statement as to what the case is about, not to exceed one paragraph and a joint list of witnesses to be called at trial.

Formatting

  • The joint succinct statement must not exceed one paragraph
FormattingImportantCivil cases

As this is a video courtroom, please have the proposed exhibits pre-stickered and unmarked.

Applies to
  • Exhibits

Formatting

  • Proposed exhibits must be pre-stickered
  • Proposed exhibits must be unmarked
FormattingImportantCivil cases

Each instruction shall be on a separate sheet.

FormattingImportantCivil cases

Photocopies of completed M Civ JI’s and CJ12d’s are acceptable provided that blank spaces are completed and any alternatives in the instructions are chosen.

Applies to
  • Jury instructions

Formatting

  • Blank spaces must be completed
  • Alternatives in the instructions must be chosen

Document Filing Requirements12 rules

Filing RequirementsMandatoryCivil cases

Counsel shall have stipulations for entry or stated reasons for objections.

Filing RequirementsMandatoryCivil cases

Fourteen days before the trial date, counsel shall supply trial witness lists to the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, for medical experts, the hospital and office where the witness practices and his or her specialty.

Filing RequirementsMandatoryCivil cases

Submit a Trial Brief containing a brief statement of facts, issues, theory of case and memorandum of law.

Document
Trial brief

Include

  • Legal argument
  • Statement of facts
Filing RequirementsMandatory

If parties are seeking facilitation in lieu of case evaluation, you must submit a stipulated order including the facilitators name, date and time of facilitation and that a number is to be placed within the facilitator’s recommendation after contacting the secretary to obtain a settlement conference date.

Macomb:6bd5ddb1e645ff2ff53b964a
|SectionFacilitative mediation
Filing RequirementsImportantCivil cases

In jury cases, submit to the Court, in writing, special jury questions that counsel desire to be asked of the prospective jurors.

Filing RequirementsImportantCivil cases

Counsel must meet, confer, and prepare the specified Chapter 1 and Chapter 2 preliminary jury instructions.

Court's wording

Counsel shall meet, confer and prepare the Chapter 1 and Chapter 2 preliminary instructions, including all M Civ JI’s mandated by paragraph 4 of M Civ JI 2.02 and all CJ12d’s mandated by subparagraph 3 of CJ12d 2.3.

Filing RequirementsImportantCivil cases

If cases or statutes are cited, a photocopy of the case or statute shall be attached.

Filing RequirementsImportantCivil cases

the objections with supporting law, including argument

Filing RequirementsImportantCivil cases

Counsel shall provide sufficient copies for the Court, all counsel, and each juror.

Filing RequirementsImportantCivil cases

Provide a joint succinct statement as to what the case is about, not to exceed one paragraph and a joint list of witnesses to be called at trial.

Filing RequirementsImportantCivil cases

If a jury trial, to the extent possible, have completed, typed jury instructions, including a proposed jury verdict form for the Court and all counsel (not just by jury instruction number).

Filing RequirementsImportantCivil cases

Prepare stipulations in writing, if any, to be placed on the record.

Filing & Service rules

Filing Timing and Cure Windows

Motions filed on the trial date ordinarily will not be entertained.

Motions filed on the day of trial will not be entertained.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

The trial witness list is due to the court and all counsel fourteen days before trial.

Fourteen days before the trial date, counsel shall supply trial witness lists to the Court and all counsel of actual and/or probable witnesses, indicating if in person or by deposition and, for medical experts, the hospital and office where the witness practices and his or her specialty.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Deposition objections filed on the trial date will not be entertained absent good cause.

Objections to depositions filed on the day of trial will not be entertained except for good cause shown.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Responses to motions in limine and trial motions must be filed with the judge and opposing counsel seven days before trial.

with responses to be filed with the Judge and opposing counsel 7 days before the trial date.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Unresolved deposition objections and supporting legal argument must be submitted at least 14 days before trial, with responses filed seven days before trial.

If depositions have objections therein, the parties shall submit to the Judge and opposing counsel no later than 14 days before trial date, the objections with supporting law, including argument, with responses to be filed with the Judge and opposing counsel 7 days before the trial date.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

All motions in limine and trial motions must be filed no later than 21 days before trial.

All motions in limine and/or trial motions must be filed no later than 21 days prior to the trial date

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Dispositive motions must be filed and heard before the established cut-off date.

Motions must be filled and heard before this cut-off date.

Civil cases

Page 1 | Dispositive motion cut-off

Responses in civil cases are due no later than seven days.

Any/all response(s) due no later than seven days

Page 1 | Civil cases

All motions in limine will be heard on the day of trial unless a compelling reason for an earlier hearing can be demonstrated.

All motions in limine will be heard on the day of trial unless a compelling reason for an earlier hearing can be demonstrated.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Motions in limine ordinarily must be heard before the trial date rather than on the trial date itself.

Motions in limine will NOT be heard on the day of trial.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Service and Proof of Service Rules

A request for alternate service must include a verified motion, proposed order, process-server affidavit showing three service attempts, and postal verification.

Requests for alternate service must be accompanied by a verified motion, proposed order, an affidavit of the process server showing three attempts of service of process and a postal verification.

Page 1 | Policies and procedures

A summons-extension request must include a verified motion, proposed order, process-server affidavit showing reasonable service efforts, and postal verification.

Requests to extend the summons must be accompanied by a verified motion, proposed order, and an affidavit of the process server showing reasonable efforts to make service of process, and postal verification.

Page 1 | Policies and procedures

Courtesy Copy Requirements

When practicable, proposed-exhibit copies should be furnished to the court and opposing counsel for trial use.

Whenever practicable, copies shall be furnished to the Court and opposing counsel for use during the trial.

Civil cases

Page 1 | BEFORE THE DAY OF TRIAL

Judge Rancilio does not require a judge’s copy of motions.

Judge Rancilio does not require a judge’s copy of motions

Page 1 | Policies and procedures

Adjournment & Extension Requirements

Adjournment requests may be made by motion or stipulation, require good cause, and must be submitted at least seven days before the hearing.

Requests for adjournments may be made by motion or by stipulation and will only be granted upon showing of good cause and must be made at least 7 days prior to the hearing.

Page 1 | Adjournments

Criminal-proceeding adjournments require the prosecutor’s stipulation and an electronically filed order.

Adjournments of all criminal proceedings must be stipulated to by the Prosecutor and the order must be submitted via e-filing.

Page 1 | Adjournments

Criminal and civil trial adjournments must be requested by motion.

Adjournment of criminal and civil trials must be made by motion.

Page 1 | Adjournments

Subsequent extensions of scheduling-order dates must be requested by motion and will be granted only upon a showing of good cause.

Any subsequent requests to extend the scheduling order dates must be made by motion and only will be granted upon a showing of good cause.

Page 1 | Scheduling orders

The first request to extend Discovery and Case Evaluation Order dates may receive a 60-day extension by party stipulation, with counsel preparing the stipulated order.

For the first request, Judge Rancilio will permit a 60-day extension of the dates set forth in the Discovery and Case Evaluation Order by stipulation of the parties. Counsel to prepare stipulated order.

Page 1 | Scheduling orders

Chambers Communication Rules

Attorneys must notify Judge Rancilio’s secretary of a settlement resolution before the settlement conference date.

Attorney(s) must advise Judge Rancilio’s secretary of the resolution prior to the conference date.

Page 1 | Settlement conferences

Court-wide rules

Applies court-wide

These 125 rules apply across Sixteenth Judicial Circuit Court of Michigan, Macomb County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 35
  • Applies to
    Motion to show cause
    Must include
    proposed order

    The motion and order to show cause submitted for a party more than ten days past due must require that party to appear before the court.

  • Applies to
    Referee recommended order

    An administrative order giving interim effect to a referee’s recommendation must include a notice to the parties under a separate heading in the recommended order.

  • Applies to
    Referee recommended order

    An administrative order giving interim effect to a referee’s recommendation must include a notice to the parties under a separate heading in the recommended order.

Fees

All 24
  • Applies to
    Friend of court investigation

    The order permits the Friend of the Court investigation fee to be entered as a specified amount or marked as no fee.

  • Applies to
    Friend of court investigation fee

    The investigation fee may be paid by cash, credit card, money order, or check made payable to the Macomb County Friend of the Court and delivered to the Investigation Unit.

  • Applies to
    Combined friend of court investigation

    A combined Friend of the Court investigation involving two or more issues is assessed at $500.

E-Filing

All 15
  • All parties in Business Court cases must electronically file and serve documents through the court’s eFiling Pilot Project under Administrative Order No. 2010-6.

  • Initiating documents for case types other than PH, PJ, PP, and VP must be filed by traditional methods rather than e-filed.

  • Documents required to be filed under seal pursuant to court order must be filed by traditional methods rather than e-filed.

Formatting

All 14
  • The notice should be printed in 12-point-or-larger boldface type.

  • The interim-effect notice must appear within the referee’s recommended order under a separate heading.

  • The notice should be printed in 12-point-or-larger boldface type.

About Judge Rachel Rancilio

Judge Rachel Rancilio was elected to the Circuit Court bench on November 8th, 2016. Judge Rachel Rancilio was a partner in the law firm of Fischer, Garon, Hoyumpa & Rancilio in Mt. Clemens. For fourteen years she specialized in complex domestic, civil and criminal litigation, serving as attorney-of-record in more than two hundred cases before the Macomb circuit bench. Rachel, while playing Division 1 Softball, attended the University of Detroit Mercy on an academic scholarship and was a member of Wayne State University Law School’s Law Review. She enjoys spending time with her two children.

16th Judicial Circuit Court, Macomb County Courthouse, 40 N. Main St, 3rd Floor, Mount Clemens, MI 48043, Telephone: (586) 493-6748 Position: Name: Number Secretary: Amy Shaw: (586) 493-6748 Clerk: Jonathan Tango: (586) 469-5245 Court Reporter: Video Courtroom (Rebecca Russell): (586) 469-5047 , rebeccatranscripts@gmail.com Court Officer: Deputy Mark Berger: (586) 469-2086 Prosecutor: Steven Fox: (586) 466-4115 Probation Liaison: Karla Molly: (586) 428-9084

Common questions about Judge Rachel Rancilio's rules

Are courtesy copies required for Judge Rachel Rancilio?

Courtesy-copy rule applies for exhibits. When practicable, proposed-exhibit copies should be furnished to the court and opposing counsel for trial use.

View ruleSource: page 1, section BEFORE THE DAY OF TRIAL

What must be included with trial witness list filings before Judge Rachel Rancilio?

Fourteen days before trial, counsel must provide witness lists identifying actual or probable witnesses, their mode of appearance, and medical-expert practice and specialty information.

View ruleSource: page 1, section BEFORE THE DAY OF TRIAL

What must be included with trial brief filings before Judge Rachel Rancilio?

The rule requires legal argument and statement of facts. A trial brief must include a concise statement of facts, the issues, the theory of the case, and a memorandum of law.

View ruleSource: page 1, section ON THE DAY OF TRIAL

How may parties contact Judge Rachel Rancilio's chambers?

Attorneys must notify Judge Rancilio’s secretary of a settlement resolution before the settlement conference date.

View ruleSource: page 1, section Settlement conferences

How do I request an adjournment or extension before Judge Rachel Rancilio?

Adjournment requests may be made by motion or stipulation, require good cause, and must be submitted at least seven days before the hearing.

View ruleSource: page 1, section Adjournments

What filing deadlines apply to motion filings before Judge Rachel Rancilio?

All motions in limine and trial motions must be filed no later than 21 days before trial.

View ruleSource: page 1, section BEFORE THE DAY OF TRIAL

What rule applies to service for alternate service request before Judge Rachel Rancilio?

A request for alternate service must include a verified motion, proposed order, process-server affidavit showing three service attempts, and postal verification.

View ruleSource: page 1, section Policies and procedures
Complete rules summary for Judge Rachel Rancilio

For a jury trial, counsel should provide completed typed jury instructions and a proposed verdict form to the court and all counsel.

All motions in limine and trial motions must be filed no later than 21 days before trial.

Responses to motions in limine and trial motions must be filed with the judge and opposing counsel seven days before trial.

Fourteen days before trial, counsel must provide witness lists identifying actual or probable witnesses, their mode of appearance, and medical-expert practice and specialty information.

Deposition objections must be supported by law and argument.

Motions in limine ordinarily must be heard before the trial date rather than on the trial date itself.

Motions filed on the trial date ordinarily will not be entertained.

The trial witness list is due to the court and all counsel fourteen days before trial.

Photocopied M Civ JI and CJ12d instructions are acceptable only if all blanks are completed and alternatives are selected.

Each jury instruction must appear on a separate sheet.

Counsel must meet, confer, and prepare the specified Chapter 1 and Chapter 2 preliminary jury instructions.

Proposed trial exhibits should be pre-stickered and remain unmarked for use in the video courtroom.

When practicable, proposed-exhibit copies should be furnished to the court and opposing counsel for trial use.

A trial brief must include a concise statement of facts, the issues, the theory of the case, and a memorandum of law.

Counsel must provide enough jury-instruction copies for the court, all counsel, and each juror.

Any trial stipulations must be prepared in writing for placement on the record.

In jury cases, counsel must submit any desired special questions for prospective jurors to the court in writing.

Counsel must provide a joint list of witnesses to be called at trial.

Counsel must prepare stipulations for entry of exhibits or state reasons for objections to them.

Counsel must provide a joint case summary no longer than one paragraph and a joint list of trial witnesses.

Any case or statute cited in the trial brief must have a photocopy attached.

All motions in limine will be heard on the day of trial unless a compelling reason for an earlier hearing can be demonstrated.

Deposition objections filed on the trial date will not be entertained absent good cause.

Unresolved deposition objections and supporting legal argument must be submitted at least 14 days before trial, with responses filed seven days before trial.

Dispositive motions must be filed and heard before the established cut-off date.

Adjournment requests may be made by motion or stipulation, require good cause, and must be submitted at least seven days before the hearing.

Judge Rancilio does not require a judge’s copy of motions.

A request for alternate service must include a verified motion, proposed order, process-server affidavit showing three service attempts, and postal verification.

A summons-extension request must include a verified motion, proposed order, process-server affidavit showing reasonable service efforts, and postal verification.

Responses in civil cases are due no later than seven days.

More Judges in Sixteenth Judicial Circuit Court of Michigan, Macomb County

Anthony R. Servitto
Judge
James M. Biernat Jr.
Judge
James M. Maceroni
Judge
Jennifer M. Faunce
Judge
Joseph Toia
Judge
Julie Gatti
Judge
Kathryn A. Viviano
Judge
Matthew P. Sabaugh
Judge